HomeMy WebLinkAbout#135 Adopt. Pollution Regulation 8
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Piannirig uommission
Platting & Subdivi7ion
Plumbing
Pub I i c Ularks
Restaurant (Food)
Sewers - Private
Sewers -Municipal Sanii-ary
Signs 8 a+llboards
Soft Drinks
Traffic
Trees, Boulevard
Vend i ng Mach i nes
Water, Municipal
Wef! (Private water suppfy)
Zoning
~ AIR PqLLL'T105 CO\TROL NIILE.S A1R POI.LG'CIOY Cbr7'NOL PULF.S APC S
CHAPTER EICHT: APC 8 a device or equipment which has not received an Operating Permit from
' this Agcncy.
APC 8 Open Durniag (e) Open Burning by Permit
(a) Dcfinitions Opcn burning may be conducted if an open burning pcrmit is obtained
As used in Qhis regulation the following words shall have the meanings pursuant to this regulation and the open burning is conductcd in accordauce
det'incd hercin. with the requircmcnts of this regulation and the conditions of the permit.
(1) "Approved waste burner" means an incinerator or other 6urner (fl Permit Applications
constructed of Grc resistant material having a capacily of not ]ess than, (1) Application, Application for open burning permits may be made
three bushels, a cover which is closed whcn in use, and maximvm openings in cases where fires are proposed to be set for the following putposes;
in the top or sidcs no greatcr than onc inch in diamctcr.
(2) "DuilJing matcrial"' mcans lumbcr, wood shakes and uthcr wood (aa) Bona fide instruction and trainiug of fire fighting personne]
products but shall not include composite shingles, tar paper, insulation, wall and for the tcsting of fire esdnguishnig equipment.
board, wiring or othcr similar smoke producing materials. (bb) Elimination of fire or health hazards which cannot be abated
(3) "Discased shade trce" means any tree infected by Dutch elm by any uther practicable means,
disease or oak wilt discase or uay trec constituting a hazard to a disease (cc) Activities in aecordance with accepted Forest or game manage-
control program cstablishcd by the Dcparmicnt of Agriculture pursuant to ment.
Minn. Stat. § 15.023. . (dd) Ground thawing for utility repair and conswction.
(4) "Disposal facility" means a facility or site permittcd by thc Minnc• (ee) The disposal of trees, brush, grass and other vegetative matter
sota Pollution Control Agency fot the intcrmediate or final disposal of solid in the development of land and right-of-way maintenance.
waste. (ff) The disposal of diseased shade trecs.
(5) "Garbage" mcans discardcd moterial resulting from the handling, (gs) Thc disposal of trees and brush in areas outside the Metro-
processmg, storage, prcparation, serving and consumption of food. politan Arca.
(6) "Mcttopolitan Arca" mcans the area inc]udcJ within the counties (hh) Activities in accordance with accepted agricultural practices.
of Anoka, Carvcr, Dakota, Hennepin, Ramsey, Scott, and Washington, (ii) The disposal of building material generated by construction.
(7) "Opcn ]3urning" mcans the burning of any mattcr whcrcby the (jj) Thc disposal of building matcrial generatcd by the demolition
resultant combustion products are emidcJ directly to the utmosphere with- of non-commercial or non•institutional sttuctures.
out passing through an adcquatc slack, duct, or chintncy.
(2) Restrictions, A burning pcrmit shaU be issucd on a prescribcd
(S) "Re(usc collection scrvice" mcans a public or private operation iorm to the applicant if the burning is for one of the purposes set forth
eagagcd in solid wastc colJcction and transportation. in subscction (f)(I) and the applicant agrees that all burning shall be con-
(9) "Rubbish" means nonputrescible solid waste, such as paper, curd- ducted under the following circumstances:
board, yard clippings and other nawral matter not including garbage. (aa) The prevailing wind at the time of the burning shall be away
(10) "Wetland" means natural marsh where watcr stands near, at or from nearby residcnces.
abovc the soil surface during a significant portion of most years, (bb) The burning shall be conclucted as far away as practical from
(b) Open Durning Rcstrictions any highway or public road and controlled so that a trafGc bazard is not
No pcrson shal] cause, sufter, allow or permit open burning. created.
(c) Exemptions (cc) The burning may not be conducted during the duration of an
(1) In unincorporated arcas where no refuse collection service is avail- air pollution alert, warning or emergency.
able, the opcn burning of rubbish originating from singlc residential (dd) Thc recipicnt of the permit or his authorized representative
premiscs may be conducted in approved waste burners. . shall be prescnt for the duration of any fire authorized by the permit.
(2) In any ciry where no refuse collection service is available, the (ee) Prior notice shall be given to the local Department of Natural
local unit of govcrnment may apply to the Director for pcrmission 1o Rcsourccs Forest Otficer, local fire marshal, or local fire chief of the time
allnw the opcn burning of rubbish origiaating from single residcntial and location of any fire authorized by the permit.
prcmiscs in approvcd waste burners. (ff) Open burning for ground thawing shall bc conducied in accor-
(3) Refusc collection service shall be dccmed available as dclincatcd dance with the following additional reslrictions;
in the Counry Salid Waste Management Plan, as adoptcd by the county (i) Puds and starting materials shall be of a kind which do not
and approved by the Agency, generate appreciable smoke.
(d) Prohibition of Salvage Operations by Open Burning (ii) Cokc used for ground thawing within 500 feet of dwellings ar
(1) No person shall conduct, causc or percnit salvage operations by occupied buildings shall contain less than 1% sulfur.
open burning. (iii) Ambient air quality standards for sulfur dioxide and carbon
(2) No person st,all possess, ttansport or process motor ve6iclcs or monoxide shall not be exceeded at occupied residences otlier than those
, sctap metals which have been reduced by open burning or incineraGon in located on the property on which the burning is being conducted.
AIR POLLCT[ON CU1"I'N01. NI Lk5 JI'f,.8 AIH POLLUIll15 1:O\'I'NUI, {t1:64:5 ,1YC 1
(iv) Propane gas thawing torches ar other dcvices causing miaimal allow opcn burning in those arcas in which opea burning is prohibited by
' pollution shalt be used when pructicable. othcr laws, regulations or ordinanccs,
(gg) Open burning of materials pursuant to paragraph (f)(I)(ec), (1f), i) Recreational Fires, Fires set for recreational, ceremonial, food prep-
(gg), (hh), (ii), and (jj) shallbe conducted in accordanee with the following aration, or social purposes are pennitted provided only wood, coal, oc char-
additional restrictions; coal is burncd.
(i) The location of the burning shall not be within 600 fcet of ap (j) Diseascd Shade Trce Opcn Burning Sites. Opea burr.ing of diseased
occupied residence other than those located on the pr4perty on which the shade tmes shall be permitted provided no reasonable aftcrnate method of
buraing is conducted, disposat cxists as determincd by the Agcncy, a permit is obtaincd pursuant
(ii) Oils, rubber and other similar smoke producing matetials shall to this ccgul,ition, and the open burning is conduc[ed in accordance with
not be burned or uscd as stacting materials, the rcquircmcnts o[ this rcgulation and the condiiions of the permit.
(iii) Tlle burning shall not be conducted within one mila of any (1) Site Location, The sites shall be located in accorilance wikh the
airport or ]anding strip, unless approved by the Dircctor, following contlitions or as approved by the Director of Air Quality:
(hh) Open burning of materials pursuaut to pzragruph (fl(1)(ii) shall (a1) NoC lcss tltan 1,000 feeC from an occupicd building.
also only be conducted under controAcd burning methods approved by the (6b) Not less than 1,000 fcct from a public roadway. Director. (ce) Not lcss than one mile from an auport or landmg sttip.
.
(ii) The burning is.conducted under such other reasonable conditions (dd) Not less than 300 feet from a strcam.
as the permit issuing authori[y niay impose. (ce) Not within wedand.
(3) Permit Issuers~ In addition to the Agency, the follow'rng persons (2) Site Prcl~~aration. The site shall be prePared io accordnnce with the
following:
are authorized ta accept applications and issue open bl,rning permiLs: (aa) Access to the site shail be controllcd by a gate which shall be
(aa) A Department of Natnral, ltesources Yorest officet-for locations lockcd tvhen an attendant is nat on duty.
withia his ju[isdicuon. (hb) Approach roads to the disposal site and access ronds oo the site
(bb) A loctil Department of Naiural Resources Fire Warden for loca• shall be maint;iined so that tuey shall be passable at all specifiel times.
tions within his jnrisJiction, (cc) A pcrmancnt siga idcntifying the operation irrJicating the hours
(ee) Upon approval of the Agency, a local pollntion eontrol agency and days the sitc is open for use, ratcs, the peoalty for non-confarming
for locations wnhin ns jurisdiction, ~ dumping anJ othcr pcrtment information shall hc posteJ at the sitc enuance.
' (tld) A pcrson(s) design;ded by the coimry bo;ird of commissioncrs (dd) Surfacc water drainage shall be divertcd around and away from
and Rpprovcd by the D'uector fur locations within thc county but outsidc the opcrating arca and ash storagc areas.
the corporate limns of citics within the counly. (3) Sile Operatiun. The sile shall be operated in accordance wit!? the
(ce) Upon Ihe approval of the Dircctor, cithcr a fire chicf or a pcrson foHowing conditions;
designated by a township or city for locations wilhin the jurisdiction of said (aa) Oniy diseased shade trees and/or uee trin-imings shall be disposed
govcrnmcntal unit. of on the sitc.
(lp A Regional Director of the Agency or nn employce of the Agency (bb) Qualified personnel for general direction and operation of the
aulhorized by the Director, who may in their discretion rcfcr the apphcant site shall hc on duty at all times while the sitc is open for use and fur the
to a lucal pennit issuing authority. duration of any fire un the site.
(4) Permit Denial. Any permit application submitted pursuant to this (cc) ?urning shall be conducted offl~ :vhen weather couditions are
regulation shall be denied if; _
(aa) A reasonable, prpetical alternative method of disposal of the such that a nuisancc, health or safety hazard :,,,i not be created.
material is available. (dd) Prior aoticc shall be given to the local fire authority of the time
(bb) A nuisancc condition would result from the burning. and duration of cach fire.
(
Permit Revocation. Any permit is subject to revocation at the dis• ec) A~lequate dust control shaIl be provided on the site and on the
t(5)
roads lcading to the sitc.
cretion of the Director, 1 Dcpartment of Natural Resaurces Forest Oificcr, (m Ash residue shall oe collected on a periodic basis and disposed of
' the Iocal firc marshal or fire chief, or the permit issucr, i.; Jn an Agcncypcrmit:cd sanitary ]andfill,
found; (aa) A reasonable practicsl method of disposnl of the matcrial is (4) Sitc Termination. The site sha116c terminated in accordance with
(hb) A fire ha2ard exists or develops during thr, coarse of the bum- the followin;:
ing; or (aa) All materials cxttaneous to the site shall be removed and disposed
(cc) Any of the conditions of the pcrmit arc violated. of in an appropriatc mannet.
(g) Liability. Exemption to conduct open burning or the granting of an (bb) 7he sicc shall be returned to a state equal to its surrouadings.
open burning permit under any provisions of this regulation docs not cxcuse [July 7, 1969; amendcd Juac 5, 1970; amended Septembcr 14, 1971;
a pcrson from the consequences, damages or injurics which may result amcndcd March 12,1976; emended Mmy 131976]
therefrom.
, (h) ConAicting Laws, Nothing in this regulaGoa sha!l be construed to
1
' AIR POLI.UTIOti CO\TItOL RULF.S AIR POLI.L'1'10\ CUI1'i'ItOL ftULFti APC 8
CHAPTER EIGHT: APC 8 a devicc or equipmcnt which has not received an Operating Permit from
' this Agcncy.
APC 8 Open BurnIng (e) Open Buraing by Petmit
(a) Definitions Opcn burning may bc conducted if an open buraing permit is obtaiaed
As used in this regulation the following words shall have the meanings pursuant to this rcgulation and the open burning is conducted in aaordance
deGned hercia wdh the rcquiremcnts of this regulauon and the conditions of the permit.
(1) "Approved Waste burner" means an incineracor or other burner (f) Perniit Applications
construclcd of fire resistant material having a capacity of not lcss than, (1) Application. Application for opcn buruing permits may be made
threc bushels, a cover which is closed when in use, and maximum openings in cascs where 6res are proposed to be se1 for the followiug purposes:
in the top or sidcs no grcatcr than onc inch in diametcr.
(2) "Building matcrial" mcans lumbcr, wood shakes and uthcr wood (aa) Bona fide insuuction and training of fue fightiug personnel
products but shall not include compositc shingles, tar paper, insulation, wall and for the testing of 6re extinguishing equipment,
bb Elimination of fire or health hazards which cannot be abated
board, wiring or othcr similar smokc producing matcrials.
(3) "Diseased shade tree;" means any tree infected by Dutch elm by any other practicahle mcans,
diseasc or oak wilt discase or any, tree constituting a hazard to a disease (cc) Activities in accordance with accepted forest or game manage-
control ptogram esrablished by the Departmcnt of Agriculture pursuant to ment.
Minn. Stat. § 18.023. . (dd) Ground thawing for utility repair and construction,
(4) "Disposal facility" mcans a faciliry or site permitted by the Minnc- (ce) The disposal of trees, brush, grass and other vegetative matter
sota Pollution Control Agcncy for the iutcrmediate or final disposal of solid in the developmcnt of land and right•of-way maintenance.
waste. (ff) The disposal of diseased shade trecs.
(5) "Garbagc° means discardcd muterial resulting from the handling, (gg) The disposal of trees and brush in areas outside tlie Metra
proccssing, storage, pmparation, scrving and consumption of food. politan Arca.
(6) "Metropolitan Area" mcans the area includcd within the counties (hh) Activities in accordance with accepted asriculmral practices.
qf Anoka, Cnrver, Dakota, Hennepin, Ramsey, Scott, aad Washingtoa. (ii) The disposal of building material generated by construction.
(7) "Opcn Burning" means the burning of Any mattcr whcrcby the (jj) Thc clisposal of building matcrial gencratcd by the demolition
resultairt combustion products are emitted directly to the atmosphere with- of non•commercial or non-institutional structures.
out passing through an adcquntc stack, duct, or chimney,
(2) Resirictions. A burning permit shall 6e issued on a pcescribed
(8) "Refuse collection scrvice" mcans a public or private operation form to the applicant if the 6urning is for one of the purpases set forth
engaged in solid wastc collection and transportation. in subsection (f)(1) and the applicant agrees that all burning shall he con-
(9) "Rubbish" means nonputrescible solid waste, such as paper, card• ducted under the tollowing circumstances:
board, yard clippings and other natural matter not including garbage. (aa) 'fhe ptevailing wind at the time of the burning shall be away
(10) "Wcdand" means natural marsh wherc watcr stands near, at or from nearby residcnces.
a6ove the soil surface during a significant portion of mast years, (bb) The burning shall be conducted as far away as practical from
(b) Open Durning Rcstrictions any highway or public road and controllcd so that a traffic bazard is not
No person shall cause, su(ter, allow or permit apcn burning, created, (c) Exemptions (cc) The burning may not be conducted during the duration of an
(1) Io unincorporatcd areas where no refuse collection service is avail• air pollution slert, warning or emergency.
ablc, the open burning of rubbish originating from singlc residential (dd) The rccipient of the permit or his authorized representative
premises may be conducted in apprnved waste burners. . shall be prescnt for the duration of any fire authorized by the permit.
(2) In any city where no rcfusc collcction scrvice is available, the (ec) Prior noticc shall be given to the local Department of Natilra]
local unit of government may apply to the Director for permission to Resources Forest Otficer, local fire marshal, or local fire chicf of the time
allow the opcn burning of rubbish originating from singlc residcntial and ]ocation of any fire authorized by the permit.
premises in approved waste burners. (ff) Open 6urning for ground thawing shaU be conducted in accor-
(3) Refusc collection scrvice shall be dccmed availablc as delineatcd dance with the fulfowing additional restrictions;
in the County Solid Waste Maaagemeut Plan, as adoptcd by the county (i) Fucls and starting materials shall be of a kind which do not
and appruved by the Agency, gcncrate appreciablc smoke.
(d) Prohibition of Salvage Operations by Open Burning (ii) Coke used for ground thawing within SQO feet of dwellings or
(1) No person shall conduct, cause or pcrenit salvage operations by occupied buildings shall contain less than 1% sulfur.
opea burning, (iii) Ambient air quality standards for sulfur dioxidc and carbon
(2) No person st,all possess, transport or process motor vehidcs or monoxide shall not be exceeded at occupied residcnces otlier than those
scrap metals which have beea reduced by open buming or iucineration in located on the property on which the burning is being conducted.
. AIR POLLUTIAN GO\°IlUll. NI I.ES \YC.B AIN POLLL'1'lll\ I:OSI'NOi, IICI,F:S APC 8
+ (iv) Propane gas thawing torches or othcr devices causing minimal allow opcn burning in those arcas in w6ich opea burning is prohibited by
pollution shall be used when pructieable. other laws, rcgulations oc ordinanccs.
(gg) Opcn burning of materials pursuant to par,lgraph (f)(I)(ee), (11), ______,(i) Rccrcational Fires. Fires set for recreational, ceremonial, food prcp-
(gg), (hh), (ii), and Qj) shall be conducted in accordanee with the follnwing aration, or social purposes are permiUed provided only wood, coal, or char-
additional restrictions; coat is burucd.
(i) The location of the burning shall not be within 600 fcct uf an (j} Diseased Shadc Trce Opcn Burning Sitcs. Opcn burr.ing of ducased
. occupied residence other than thosc lucated on the property on which the shade trecs shall bc permiued providcd na reasonablo altcrnate method of
burning is conducted. dispos:tl cxists as determincd by the Agency, a permit is obiaincd pursuant
(ii) Oils, rubber and other similar smoke producing materials shall to this rk:gulution, and the open burning is conducted in accordance wi[h
not be burned or used as starting matcnals. the rcquircmcnts oi t6is rcgulauon and the conditions of we permit.
(iii) The burning shall not be conducted within one mile of any (1) Site Location. The sites shall be located in accordance with the
airport or landing strip, unless approved by the Director. following conditions or as approved by the Direcfor of Air Qualiry:
(hh) Opcn burning of matcKials pursuaut to pzragraph (fl(1)(ii) shall (aa) Not fcss than 1,000 fcet from an occupizd building.
also only be conducted under controllcd burning mettiocls approved by the (bb) Not less than 1,000 fcet from a public roadway,
D'uector. (cc) Noc ]ess thaa one mile from aa auport or ]andm; strip.
(ii) The burning is conducted under such other reasonable conditions (dd) Not Iess than 300 feet from a strcam.
as the permit issuing outhority may impose. (ee) Not within wetland.
(3) Permit Issuers. In addition to the Agency, the lo4owing persons Site I'rcparation. The site shall be prepared in accordance with the
following:
are authorized to accept applications and issue open bi3rning permi[s; (1;1) Access to the site shall be controlled by a vate which shall be
(aa) A Depnrtment of Naturat Resources forest officer for locations locked whcn an attendant is not on duty.
within his jutisdiction. (hb) Approach roads to the disposal site and access roads on the site
(bb) A Jocal Department of Natural Resources Fire 14'arden for loca- shall be mxintained so that they shall be passable at all specified timen.
tions within his jlirisdiction, cc A crniancnt si n idcntif m the o+.ration iiruicatin thc hours
(cc) Upon aPproval of the Agency, a local pollution control agency and days ihc site in open for use, rates, the peoalry for non-~onforming
for locatians within its jurisdiction, dumping and otlicr pertment information shall be posterl at the site entrance.
(dd) A pcrson(s) designuted by the county board of commissioners (dd) SurEace water drainage shall be diverted around and away from
and epprovcd by the Dircclor for locatiuns within the couilry but oulside the oherating ;irea and asli slarage areas.
the corpornte limns oE citics within the county. (3) Sitc Operaiion. Thc site shall be operated in accordance witli the
(ec) Upon the approval of the Dircctor, either a fire chie[ or a prrsan following conditians;
designated by a township or city for locations within the jurisJictiun of said (;11) Onfy diseased shade trees andJor tree trimmin;s shall be disposed
govcrnmcntal unit. of on the siic.
(m A Region,d Director of the Agency or an employee of the Agency (hb) QualiGcd personnel for general direction and operation of the
aulhorizeJ by the llircctor, who may in their discretion refer the applicant site shall he on duty at aU times while the site is apen for use and for the
to a lucal permit issuing authoriry. dutation of any fire on the site.
(4) Permit Denial. Any permit application submitted pursuant to this (cc) Burning sliull, be conducted only wUen weather conditions are
regulation shall be denied if: - such that a nuisance, Iiealth or safery hazard will not be created.
(aa) A reasonable, practical alternative method of disposal of the (dd) Prior notice shall be given to the local fire authority of the time
matcrinl is nvailablc. and duralion of cach firc.
(bb) A tiuisance condition would result frdm the burning. (ce) Adcquaic dust control shall be provided on the site and on the
(5) Pcrmit Rcvocation. Any penuit is subject to rcvocation at the dis- roads lcading to the sitc.
ctetion oF Uie Aircctor, a Dcpartment of Natural Rescurces Forest Ofricct, ([p Ash residuc shall be collected on a periodic basis and disposed of
the focal fire marshal or i'ire chief, or the permit issucr, if: in an Agencypcrmit;ed sanitary landfill.
(aa) A reasonable practical method of disposal of the matcrial is (4) Sitc Termination, The site shall be terminated in accordanee with
found;
(bb) A ftre hazard exists or devefops during the course of the burn- the follawing:
ing; or (aa) All matcria{s extraneous to the site shall be temoved and d'uposed
(ec) Any of the conditions of the permit are violated, of in an appropriate manncr.
(g) Liability. Exemptioo to conduct open burning ar the granting of aa (bb) The sitc shall be retumed to a state equal to its surraundings.
open burning permit under any provisions of this regulation does not excuse []uly 7, 1969; amended June 5, 1970; amended 5eptembcr 14, 1471;
a person from the consequences, damages oc injurics which may result amended March 12,1916; ameuded May 131976]
thercfrom.
(h) Conllicting Laws, Nothing in this regulation shall be cons[rued to
~
~ AIR PtlL[.UTIO,Y CO\?IIOL ItU4E5 Alfl P!)LLG'1'10\ CON'IROL RlJl.FK APC 8
CHAPTER EIGHT: APC 8 a devicc or equipment which haa not received an Operatiug Permit ftom
' this Ageacy.
APC 8 Open BurniaS (e) Open Burning by Permit
(a) DeFinitions Open burning may be conducted if an open burning permit is obtuned
As used in this regulation the following words shall have the meanings pursuant to this regulation and the open burning is conducted in accordance
defincd herein. with the rcquircmcnts of this regulation and the conditions of the permiG
(l) "Approved waste burner" means an incinerator or other burner (t) Permit Applications
constructed of firc resistant material having a capacity of not less than. (1) Applicatiun. Application for open burning permits may be made
threc bushels, n cover which is closed when in use, and maximum openings in cases where fires are proposed to be set for the followiug purposes:
in thc top or sidcs no grcatcr than onc inch in diametcr.
(2) "Building matcriaP" mcans lumber, wood shakes and other wood (aa) liona fide instruction and training of fire fighting personnel
products but shall not include composite shinsles, tar papcr, insulation, wall and for the testing of fire extinguishing equipment.
board; wiring or othcr similar smoke producing matcrials, (bb) Elimination of fire or health hazards which cannot be abated
(3) "Discascd shade trce" means any trec infcctcd by Dutch elm by any uther practicable means,
disease or oak wilt discase or any tree constituting a hazard to a diseasa (cc) Activities in accordance with accepted forest or game manage-
control program cstablishcd' by the Dcpartment of Agriculture pursuant to ment.
Minn. Stat. g 18,023. . (dd) Ground thawing for utility repair and construction.
(4) "Disposal facility" mcaos a faciliry or site pcrmitted by the Minne- (ee) The disposal of trees, bnish, grass and other vegetafive matter
sota Pollution Control Agency fur the intermediate or final disposal of solid in the development of land and right-of•way maintenance.
waste. , (f fl The disposal of diseased shade trecs.
(5) "Garbagc" means discarded material resulting from the handling, (gg) The disposal of trees and brush in azeas outside tlic Metro-
processmg, storage, preparation, serving and consumption of food. politan Area.
(6) "Mctropolitan Arca" mcans thc area incluJcd within the couoties (hh) Activitics in accordance with accepted agricultural practices.
of Anoka, Carvcr, Dakata, Hcnncpin, Ramscy, Scott, and Washington. (ii) The disposal of building matcrial generated by constructiun.
(7) "Opcn Burnins" mcans thc burning of uny mattcr whcrcby the (jj) Thc disposal of building matcrial generatcd by thc demolition
resultant combustion products are cmittcJ directly to the atmosphcre with• of non•commercial or non-institutional structures,
out passing throagh an adcquate stack, duct, or chimncy. ~
RcsUictions. A burning pcrmit shall be issucd on a prescribcd
(8) "fictusc collcction scrvicc" mcans a public or privatc opcration form to the applicant if the bw•ning is for one of the purposes sct forth
engaged in solid waste collection and transportation. in subseclinn (f)(1) and the applicant agrees that all burnmg shall be con-
(9) "Rubbish" means nonputrescible solid waste, such as paper, card• ducted under the tollowing circumstanccs:
board, yard clippings and other natural matter not including garbage. (aa) The prevailing wind at the time of the burning shall be away
(lU) "Wctland" means natural mars6 whcre watcr siands near, at or from nearby residcnces.
above the soil surface during a significant porrion of most years, (bb) The burning shall 6e conducted as far away as practicaf from
(b) Open Burning Rcstrictions any highway or public road and concrollcd so that a trafCc hazard is not
No pcrson shall cause, suffer, allow or permit open burning, created, '
(c) Exemptions (cc) The burning may not be conducted during the duration of an
(1) Ia unincorporated areas where no refuse coflection service is avail- air pollution alert, warniog or emergency.
ablc, thc opcn burning of rubbish originaling from singlc residential (dd) The rccipicnt of the permit or his authorized representadve
ptemises may be conducted in approved waste 6urners. . shall be prcscnt for the duration of any fire authorized by the permit.
In any city where no refuse collection service is available, the (ee) Prior notice shall be given to thc local Department of Natura]
local unit of govcrnment may appty to the Director for pcrmission ta Resources Forest Otficer, local fire marshal, or local fire chicf of the time
ullow the open burning of rubbish originatiag front single residcntial and ]ocalion of any firc authorized by the permit.
premises in approved waste burners. ({f} Open burning for ground thawing shall be conducted in accor-
(3) Rcfusc collection service shall be dccmed av,iilable as dclincatcd dance with thc following additional restrictions:
in the County Solid Waste Management Plan, as adopted by the'county (i) Pucls and starting matenals shall be of a kind which do not
and approved by thc Agency, generate appreciable smoke.
(d) Proliibition of Salvage Operations by Opcn Burning (ii) Cokc used for ground thawing within 500 feet of dwellings or
(1) No person shall conduct, causc or permit salvage operations by occupied buildings shall contain less than 1°Io sulfur:
open burning. (iii) Ambient air quslity standards for sulfur dioxide and carbon
(2) No pcrsoa sliall possess, transport or process motor vehicies or monoxide shaA not be exceeded at occupied residences other than those
scrap metals which have been reduced by open burning or iacineration in located on the property on which the burning is being conducted.
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AIR POLLU?!ON COV'11RU1. IIU.}:5 ,1YC.8 A18 1'OLLU'fltlA i;U.ti'fNUI. Il1:Lt:ti APC 8
(iv) Propane gas ihawing torches or olher deviccs causing miaimal allow opcn barning in ihose arcas in which open burning is prohibited by
~ pollution shall be used when practicable. other laws, rcgulations or ordinances.
(gg) Opcn burning 0f materials pursuant to paragraph (t)(1)(ee), (11), _____.__,,(i) Recreational Fires, Fires set for recreational, ceremonial, food prep-
(gg), (hh), (ii), and (jj) shall be conducled in accord~~r,cc with the folloNving aration, or social purposes are permitted provided only wood, coal, or char-
additional restrictions: coal is burncd.
(i) The location of the burning shall not bc Avithin 600 fect of an Q) Disc:rscd Shadc Trce Oncn Burning Sites. Open burning of diseased
occupied residence other than those lueated on the property on which the shade trees shall be pcrmitted provided no reasonable, altcmate method nf
burning is conducted. disposal cxists as determincd by the Agency, a permii is obtained pursuant
(ii) L1ils, rubbcr and other similar smake producing materials shall to this rcgulation, and the open burning is cunducted in accordance with
not be burned or used as starting matcrials, the requircmcnts of this regulation and the conditions of the pezmit.
(iii) The burning shall not be conducted within one mile of any (1) Site Location, The sites sha11 be located in accordance with the
airport or landipg strip, unless approved by the Director. following conditions or as approved by the Directar of Air Quality:
(hh) Open burning of materials pursuaut to paragraph (f)(1)(ii) sh:al (aa) Not Icss than 1,000 fcet from an occupicd buildinn.
also onty be conducted under controlled burning methods approved by the (bb) Not less than 1,000 fcct from a public roadway.
(cc) Not fess than one mile from an auport or landing strip.
Director,
(ii) The burning is.conducted under such othet reasonable conditions (dd) Not Iess than 300 feet from a stteam.
as the permit issuing authority may impose. (ec) Not within wetland,
(2) Sitc Prcparation. Thc site sh111 be prcpared in accordance with the
(3) Permit Issuers. In addition to the Agcncy, the follawing persons following:
are authorized to accept applications and issue open burning permits: (aa) Access to the site shall be controlied by a ga:e wbieh shall be
(aa) A Departmcnt of Natural~ Rcsourccs forest oflicer-for locations locked whcn an attcndant is not on duty.
within his jurisdiction. (bb) Aprroach roads to the disposal site and access roads on the site
. (bb) A local Dcpartment of Nniural Resourees Pire WarQcn fur [uca- shall be maintaineJ so that they shall be passable at all specified times.
tioas within his jurisdiction. (cc) A pcrmancnt sign identifying the opcratiqn indicating the hours
(CC) Upon apprnval of the Agency, a local pollution control agcncy and days the site is open for use, rates, the penalty for non-conforming
for locaUans wilhin ds jurisdiction. dumping and o(hcr pcruncnt information shall bc posted at the site entrance.
• (dd) A person(s) designuted by the county board of commissioncrs (Jd) Surface water drainage sball be diverted around and away from
„ and r:ppxovcd by the Dii-cctor for lncations within the county but outside the opcrating arca and ash storage arcas.
the corporatc limits of citics within the county, (3) Sitc Opcration. The site shall be operated in accordance witli the
(ec) Upon the approval of the Dircct4r, eithcr a fire chicf or a person following condilions:
designated by a township or city for locations within the jurisdiction of said (aa) Only diseased sliade trees and/or tree trimmings shall be disposed
govcrnmcntal unit, of on the sitc.
(ft) A Rcgion;il Director of the Agency or an employce of the Agency (bb) Qualified persoonel for general direction and operation of the
authorixed by the Directos, who may in their discretian refer the applicaiit site shall he on duty at all times while the site is open for use and for the
to a lucal permit issu+ng authority. duration of any fire on the site.
(4) Permit Denial. Any permit application submiUed pursuant to this (cc) Burning sUall be conducted only wUen weathcr conditions are
regulation shall be denied if: - such that a rniisance, health or safery bazard wdl not be created.
(aa) A reasonable, practical alternative method of disposal of the (acl) Prior notice shall be given to the local fire authority of the tima
materinl is available. and duration of each fire.
(bb) A nuisance condition would result from the burning, (cc) .Adcquaic dust control shall be provided oa the site and on the
(5) Permit Revocation. Any perniit is subject to revocation at the dis• roads Ieading to the site.
cretion of the Director, 1 Department of Natural Rescurces Forest Ofricer, ((n Ash resiciue shall be collected on a periodic basis and disposed nf
the local fire marshal or fire chief, or the permit issucr, i`.': in an Agency-permiued sanitary landfill.
(aa) A reasonable practicsl method of disposal of the matcrial is
fonad; (4) Site Temiination. The site shall be terminated in accordance with
(bb) A fire hazard exists or dcvelops during the course of the burn• the followinS:
ing; or (aa) All materials extraneous ta the site shaII be removed aad disposed
(cc) Any af the conditions of the pcrmit arc violated. of in an apprupriate manner.
(g) LiaUility. Exemption to conduct open burning or the granting of an (bb) The site shall be returaed to a state equal to its surroundings.
open burning permit under any provisions of this regu{ation docs not excuse IJuly 7, 1469; amendcd Juac S, 1970; amended Septcmber 14, 1971;
a pcrsun from the consequences, damages or injuries which may result amcadcd Msuch 12,1976; amendcd May 1319761
thcrefrom.
(h) Conllicting Laws. Nothiag in this regulaGon shall be construed to
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' CHAPTER EICHT: AtC 9 ment to dstermine whether adequate refuae oollection aervice Is ikyaoAk
APC 8 Open Burning Restrictione within i;s jnrisdicdon or part thereof, and to report said determinatioa qo tfe ;
~ (a) Refuse burning resuicGons Agency. '
(aa) All cities, villages, boroughs and townships in Anolca, Cttvw,
(1) No person shall dispose of refuse by opea buming, or cause, suffer, Aakota, Hennepin, Ramsey, Scott or WashinYton counties havin~g
allow or pern?u open burning of refuse. In areas where na refuse collection tioas m excea o# 5,000 persoos uxording to the most recent o
~tPOPUUmate
- service is available on the effective date of this regulation, as amended, open or federal ceasus, Bnding of !he Municipal Commissioa, or esiimate et the
buming on residenGal premises, of refuse originatiag from dwelling units on Metsnpolitan Council.
premues shall not be u? violation of this section until such refuse collection service becomes available, bat no later than three yeus from the effective (bb) Atl ciGes, villages, boroughs and townships in Anoka, Carvu,
date of this reguiation, or at some earlicr time as hereiuafter provided. Dakote, Aennepin, Ramsey, Scott ot Waslungton Counties having poputa.
ti ons of ]ess tban 5,000 petsons, as deBned in subsxtioa (ea), which ar~
(2) Except as 6ereafter provided in this paragrap6, where any township, conziguous to citiea, villagees, barougba, or tpwos6ipa haviag populaUoas in
without regard to location, has a total population of less than 2,500 persons ezcess of 5,000 persons as defiaad in rubsection (aa).
aceording to the most ra;ent officiat atate or federal ceasua, 8ading of the
M unicipal Commission or esGma;e of the Meuopolitan Council, persons A11 cities, villages, baroughc, and townships in countros o~et
dwelling within said towpship may dispose of refuse originating from dw•ell• lhan those specified in subsection (aa) having populaiiona m exceuet:-1(J.COQ
i
ng units on residential premises within said township by open burning on persons, according tn the most recent, official state or federal eeaa~p, ee
said residential premises. However, persons dwelling within those portions Sndings of the Municipal Commission.
of such townships baving a populauon density in excess of 100 occupied (dd) All cities, villages, boroughs, and townships in countm. odwt
dwelling units per square mile, as determined by the Director or by the thae those apecified in subsection (aa) having populations of lesa tlva 10,400
township gavernment with approval of the Director, shall be required to persons aa defined in subsection (cc) above, wb-ich are contiguoue tb
comply with all provisions of this regulation, including but not limited to villages, borou;hs, or townshipa having populations in excess pf !
subsectiens (a)(1) and (4). A dwe!ling shall be occupied foc the p u r poses of persons as d e fine d in su b section (ce) a b ove.
this regulation if it is occupied as either a seasonat or a permanent dwelling. .
Refuse ori matin from dwellin units shall iaclude for the (i) Upon a determinatioa that an eilequate nfuse collectioa aq'vkp.
K Purpoaes ot is ava~ahle in a local govornmeutal unit or pcution thereof, open balca6g
this subsection, household rubbishgleaves and other natural matter, not in- will thereafter be prohibited in t6e area in which service is so avaitpbte.
cluding gazbage and other putrescible solid wastes, which emannte from a Where a detercnination is made that an adeeejuate refuse collection savice is
dwelling unit. Refuse from agricultural operations shall not be disposed of by not available, it shall be the dury o# each; govemmental unii, withiu aix
open burning under this regulaGon, except as provided in subsection (d)(5). months of such determination, to provide an adequate refuse collecdon
(3) Without regard to location, where any township, having a popula- service. A refuse collection service shall be coasiderzd adequate if it mats
:ion in cxcess of 2,500 persons according to the most recent official state or ~e requirements of Minnesota ~ollution Control Agency Regulatiou SW 3
fzderal census, finding of the Municipal Commission or estimate of the and all other applicable standards and regul~Gons of the Agency.
bfetropolitan Council or any ciry, viliage, or borough, withouf tespeM to (ii) Determinations as to ihe availability or non•availability of refuse
' the total population of said city, villege, or- borou$h, has a population collectioa setvices, as requued in this regtiladon, shall be reporied in wrkIog
density of less than 100 occupied dwelling units per square mile in a portion to t6e Agency within ten days after said dekrminations are made. Said t'e.
of said city, village, borough or township, as determined by the municipal ports shall describe the number, kinds, and: ownership of refuse collactiou
goverrment with approval of the Director, persons dwel!ing within said pcr- equipttunt available at the time of said determination, the incidence anl
uon may dispose of refuse originating from dw•elling units on residential nature af refuu collection service available at said time, md such other
premises by open burning on said residential premises upon application by mformatiun as the Agency staff shall request.
' said city, village, borough or township and with the approval of the DirecWt. In the case of a governmental unit which origiaally determinq thai te(uu
Said portions must be in excess of 2 square miles of coatiguous area. A collection service is not available, upon said governmental unit theteaftet
dwelling shall be occupied for the purposes of this regulation if ii is occupied providing such refuse collection, as required in subsection (i) alwve, said
as either a seasonal o: a permanent dwelling. govemmental units shall report said proviszons of servia to the Agency
Rc+.use originatin; from dtiveIling units shall include, for the purposes of wnhin ten days after said provisions of service. Said report ehall deamie
this subsection, household rubbish, leaves and other aatural matter, not in- the number, kinds, and ownership of refuse collection equipment servi~ et '
cluding garbage and other putrescible solid wastes, which emanate from a the basis of ;he refuse collecdon service so pmvided, the ineid~c~ ~d '
dwelling unit Refuse from agricultural operutions shall not be disposed of by nature of service so provided, and such otper iaf~metion ~u the Ag~Cy
staff shaH requesG
opcn burning under this regulation, exceptAs provided in subsection (d}(S).
„ (4) Within 3 months of the effective date of thu re~tion aa ~~e a local governmentai unit 1~ reported 'nformatioa W the A r~
. ~ reiating to the aveilabflity or provision of servtca sa aforaaid, the A
v' ac?ended, it shall be the dury of each of ttie following unib ot lxal Qover~ iuform the lecal govemmeBW ua~ ~ n~ ia~Oram~tiqn
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. ~ RULES'AND REGUW1ION9 Y: AVC 8
Al'C,a ' D[WN&40TA [OGLIPli91t CbNT10L AGVIW"~
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sufficiency or insufficiency of said infarmation wiain tlurfy tlaps af the (S) TIm burai~g of trcee, brush. Sraas aad wher vegetable mat~ ~ t4a
toceipf by the Ageney sta~ of said infmmadon. ~ie~ring of tasd, right of way maintenance oparations and agncultunit OW
t _ (iii) A!I determinaGous made under these regulations are subject buming is PermiEted uader the f o llo v ing: co n ditions:
to Agency review. (aa) "Ihe prevailing wiads at t6e tiabe ui burning must be away ftam
(iv) Failure to comply with the foregoing provisions shall subject any munitipality.
a governmental unit and its officials to ali applicable admiaistraave and (bb) 'f6e focation of buming must not be within 1,000 feK ot an.
judicial sanctions available to the Agency, including the pmvisions of M.S. occupied residence other than those located on tlu pmpercy on whieh fFw
1967, Section 116.08, 5ubd. 1. buming ia conducted:
(b) Prohibitions of Salvage Operadons by Opeu Bumiag (cc) Oile, rubber or othu similax materials which produce unrtaeoa-
(1) No person shali conduct, cause or pernait du conduct of s satvtge able amounts of air coutaminauts may sat be bwaed.
operation by open burning. (dd) The burcing mu:t not be conducted within 1,000 feet ot anp
(2) A salvage operatian shall not constitute an installation within the biShWay or public r~d and, in any avent, must be coutrotl~ w that a traffic
meaning of APC 3. haaard is aot cnated.
mi[it(~) ~e ~~g ~ pc0° p cted within one ~
(c) Restriction oa Open Burning of Tree I.eaves
ary, commercial, couniy, munici al, or rrvate ahTm or
The open burning of leaves is prohibited effectiva two months after refuss (ff) An exception to the prohibition and conditions of para ~
collection service or a general solid waste managemeut system is available, subsection ( 5) of th'rs regdation may 1e granted by the Ageney or~
Until such time, burning of leaves is permitted only in coatainers mceting nated agenx
~ fire safety standards. '
~ (d) Exce tions. Exce tions herefrom mabe allowed u fication (6) Open fires for ground thawing far underground utility rq~Ir atad
F P Y Pon aPP coastructioa are allowed under tha following conditions: 'and approva] by the D'uectar where accompanied by the recommendation Fires must be staRed with malerials which do not
of the local fire mar'shai or other responsible local o~icial having jurisdiction reciable smoke.
thereof. Such burning shall not be permitted, however, if contrary to oWer aPP
applicable laws, ordinances and regu{ations. Ezemption to wnduct open (bb) Fuel used must be coke of less than one percent sulfur cmt4flt
burning under the provisions of this regulation dces not excuse a petson when ihe t6awing site is within 500 feet of dwelling or occupied buitdtnSe.
from the consequences, damages, or injuries w5ich may result therefrom. Coke of higher sulfur content may be used in remote areas except uader
1n areas in which open 6uming is permitted pursuanf to this regulation, conditions where an air pollution alert has been declared under provisiaa3
persons seekiag a permit to conduct open burning under paragraph (d), sub• of Regulation APC 15.
sec6ons (2), (3) and (5), may obtain such a permit from a regular forest . (cc) The ambieat au qualiry far sulfur dioxide and csrbon mono7cide
officer or a town fire warden pursuant to Minnesota 5tamtes, Sections 88.17 must not be exceeded downwind of the thawing site.
and 88.18, or a person designatM by the Counry Board of Commissioners.
- The Director shall be notified of the name and address af such designated (dd) Wherever possible, including but not limited ro spot repaiia,
person before he may perform such duties. Such notification shall be effeo- propane gas thawing torches or other devices causing minnnal pollutioa s6all
uve for one year from the date of receipt by the Agency. Failure to comply be used. with the provisions of paragraph (d), subsection (S) of this regulation wil[ (e) This regulation shall not be construed to allow open buming ia those
constitute a violation of these regulatians and render the persoa subject to
the ]egal remedies of the Agency, includiag but not limited W the termina- azeas in Which open buraing is prohibited by other laws, regulations or ordi-
.
tion of the right of said person to conduct opea buming putcuaet to para• nances.
gaph (d), subsections (2), (3) and (5). The following are exceptions for ~July 7, 1969; amended Jane 5,1970; amended September 14,1971}
w6ich application may be made:
(1) Fires purposely set for the inswction and training of -public and
industrial fire-fighGng personnel.
(2) Fires set for the elimination of a&e hazard which cannot be abated '
by any other pracGcable means. .
(3) Fires purposely set for forest or game managemrnt ia aaordance
with practices recommeaded by the Minnesota DeparUnent of Conservation,
the Minnesota Department of Agriculture and the United Stata Forest
, Service. ~
(4) The burning of hydrocarboas which mutt be waited through the
uu oP atmosp6eric 9aree. . .
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